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Probate Advocates State Grand Jury Report Did Not Adequately Investigate Abuse by Court Officials

Published

2 years ago

August 29, 2022

Gentrification areas in New York City, Washington DC, Detroit, San Francisco, Oakland, and Berkeley have demonstrated a recognized problem with predatory attorneys gaining control of real estate at steep discounts via conservatorships.

By Tanya Dennis

On June 6th, the Alameda County Grand Jury released a report regarding deficiencies of probate Court including recommendations to correct deficiencies. Probate advocates are expressing disappointment that the report did not address the rampant abuse perpetrated by some court appointed guardians and officials, a well-documented occurrence not just locally, but nationally.

Spectrum Institute Attorney Tom Coleman says the reason is, “Attorneys are reluctant to investigate their own.” Spectrum Institute has been elevating evidence of probate court mismanagement and fraud over the last five years. The issues highlighted in the Grand Jury Report mirror Los Angeles Times’s investigative reports in 1987 and 2006 that reported those who exploit court dysfunction have only mastered their nefarious intent over the last 35 years. Each time issues are elevated, and nothing is done to correct them, the criminally intent are emboldened, and probate has been perverted to serve the predatory legal community at the expense of the public, often a completely misinformed and unsuspecting public.

Rick Black of CEAR, and producer of the expose documentary “The Guardians” says, “Conservatorship is always an expensive and risky proposition. It should be avoided at all costs. CEAR recognizes anyone can be targeted and exploited by it. Black or white, famous, or unknown, rich or penniless, intellectual or not, anyone can be exploited by this system. Victims of fraudulent adult conservatorships are left voiceless. Their loved ones and heirs are also victimized as the courts dismiss their pleas and material evidence.” CEAR has counseled or investigated over 5,000 cases of suspected fraudulent conservatorship.

Probate Advocates and the Post “Perils of Probate” stories have for years recognized that the minority population is disproportionately targeted by court insiders. The Black female senior community presents a recognized vulnerability. Black families have a history of maintaining homesteads via generational transfers. Properties purchased generations ago are most susceptible to interception by predatory parties in conservatorship. Gentrification areas in New York City, Washington DC, Detroit, San Francisco, Oakland, and Berkeley have demonstrated a recognized problem with predatory attorneys gaining control of real estate at steep discounts via conservatorships.

Probate reform advocates Shout Out Justice, the Probate Movement Reform Group, Center of Administration Reform (CEAR), and the Coalition for Elder and Disability Rights (CEDAR), spoke directly with DA O’Malley on the issues in 2018 and 2019. She knew the problem was court dysfunction and the ability for benefitting parties to commit constructive fraud in proceedings that facilitated downstream exploitation, theft, embezzlement, and extortion. O’Malley’s response was she was not aware of any accusations of “probate court staff” directly benefitting from the frauds.

Black cites that despite O’Malley’s claim that “There were mountains of claims against benefitting attorneys and conservators, all protected by the sponsoring probate jurist. It was also quite clear after several discussions with DA O’Malley that she had no interest in prosecuting fellow attorneys fully endorsed by District Court judges serving Probate.”

Venus Gist of California Probate Reform Network says, “We all know gentrification is real,” even Mayor Schaaf in a meeting with United Seniors Of Alameda County said that she believes the probate court is causing much of the homeless issues. Alameda County Probate Court robs families of generational wealth. My mother’s former temporary conservator attempted to sell my parent’s six figure rental property for $17,000 to collect their court fees. They never cared enough to talk with us or give my family payment options.”

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Oakland Post: Week of April 17 – 23, 2024

The printed Weekly Edition of the Oakland Post: Week of April 17 – 23, 2024

Published

5 days ago

April 19, 2024

Oakland Post

To enlarge your view of this issue, use the slider, magnifying glass icon or full page icon in the lower right corner of the browser window.

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Oakland Schools Honor Fred Korematsu Day of Civil Liberties

Every Jan. 30, OUSD commemorates the legacy of Fred Korematsu, an Oakland native, a Castlemont High School graduate, and a national symbol of resistance, resilience, and justice. His defiant stand against racial injustice and his unwavering commitment to civil rights continue to inspire the local community and the nation. Tuesday was “Fred Korematsu Day of Civil Liberties and the Constitution” in the state of California and a growing number of states across the country.

Published

6 days ago

April 19, 2024

Oakland Post

Fred Korematsu. Courtesy of OUSD.

By Post Staff

Every Jan. 30, OUSD commemorates the legacy of Fred Korematsu, an Oakland native, a Castlemont High School graduate, and a national symbol of resistance, resilience, and justice.

His defiant stand against racial injustice and his unwavering commitment to civil rights continue to inspire the local community and the nation. Tuesday was “Fred Korematsu Day of Civil Liberties and the Constitution” in the state of California and a growing number of states across the country.
One OUSD school is named in his honor: Fred T. Korematsu Discovery Academy (KDA) elementary in East Oakland.

Several years ago, founding KDA Principal Charles Wilson, in a video interview with anti-hate organization “Not In Our Town,” said, “We chose the name Fred Korematsu because we really felt like the attributes that he showed in his work are things that the children need to learn … that common people can stand up and make differences in a large number of people’s lives.”

Fred Korematsu was born in Oakland on Jan. 30, 1919. His parents ran a floral nursery business, and his upbringing in Oakland shaped his worldview. His belief in the importance of standing up for your rights and the rights of others, regardless of race or background, was the foundation for his activism against racial prejudice and for the rights of Japanese Americans during World War II.

At the start of the war, Korematsu was turned away from enlisting in the National Guard and the Coast Guard because of his race. He trained as a welder, working at the docks in Oakland, but was fired after the bombing of Pearl Harbor in 1941. Fear and prejudice led to federal Executive Order 9066, which forced more than 120,000 Japanese Americans out of their homes and neighborhoods and into remote internment camps.

The 23-year-old Korematsu resisted the order. He underwent cosmetic surgery and assumed a false identity, choosing freedom over unjust imprisonment. His later arrest and conviction sparked a legal battle that would challenge the foundation of civil liberties in America.

Korematsu’s fight culminated in the Supreme Court’s initial ruling against him in 1944. He spent years in a Utah internment camp with his family, followed by time living in Salt Lake City where he was dogged by racism.

In 1976, President Gerald Ford overturned Executive Order 9066. Seven years later, the 9th Circuit Court of Appeals in San Francisco vacated Korematsu’s conviction. He said in court, “I would like to see the government admit that they were wrong and do something about it so this will never happen again to any American citizen of any race, creed, or color.”

Korematsu’s dedication and determination established him as a national icon of civil rights and social justice. He advocated for justice with Rosa Parks. In 1998, President Bill Clinton gave him the Presidential Medal of Freedom saying, “In the long history of our country’s constant search for justice, some names of ordinary citizens stand for millions of souls … To that distinguished list, today we add the name of Fred Korematsu.”

After Sept. 11, 2001, Korematsu spoke out against hatred and discrimination, saying what happened to Japanese Americans should not happen to people of Middle Eastern descent.
Korematsu’s roots in Oakland and his education in OUSD are a source of great pride for the city, according to the school district. His most famous quote, which is on the Korematsu elementary school mural, is as relevant now as ever, “If you have the feeling that something is wrong, don’t be afraid to speak up.”

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WOMEN IMPACTING THE CHURCH AND COMMUNITY

Published

7 days ago

April 17, 2024

Oakland Post

Juanita Matthews

Sister Juanita Matthews

55 Years with Oakland Public School District

The Teacher, Mother, Community Outreach Champion, And Child of God

Juanita Matthews, better known as “Sister Teacher,” is a walking Bible scholar. She moved to California from the great state of Arkansas in 1971. Sister Teacher has a passion for teaching. She has been a member of Bible Fellowship Missionary Baptist Church since 1971. She followed her passion for teaching, and in 1977 became the lead teacher for Adult Class #6. Her motto still today is “Once My Student, Always My Student”.

Beyond her remarkable love for the Lord, Sister Teacher has showcased her love for teaching by working for the Oakland Unified School District for 55 years, all but four of those years spent at Emerson Elementary and Child Development School. She truly cares about her students, making sure they have the tools/supplies needed to learn either at OUSD or Bible Fellowship Missionary Baptist Church.

She’s also had a “Clothes Closet Ministry” for 51 years, making sure her students have sufficient clothing for school. The Clothes Closet Ministry extends past her students, she has been clothing the community for over 50 years as well. She loves the Lord and is a servant on a mission. She is a loving mother to two beautiful children, Sandra and Andre. This is the impact this woman of God has on her church and the community.